Normalization of public participation

Under current NPC practices around 90 percent of laws are drafted by a government body. Usually these government bodies are eager to draft laws as this allows them to define their powers and avoid their duties. Because of this, the credibility of the Electric Power Law, Civil Aviation Law, Railway Law and Postal Law has been under question since they came out.

Wang Xixin, Director of the Center for Public Participation Studies and Supports at Peking University, said whether draft laws are publicized to solicit suggestions is more than a mere technical matter. He believes that the legislation process is one that strikes a balance between different interest groups and allows all parties into this process to express their demands. Through this process it is possible to make a law that reflects the interests of parties and can be enforced effectively.

The problem for now is that inviting public participation into the legislation process has been written into China's Legislation Law, but not as a coercive measure. Cai said this means the transparency of the legislative process depends on the legislature's judgment.

Cai believes an open legislative process demands not only publicizing draft laws, but also opening up all the procedures to the public, so that the public can know how NPC delegates and members of the NPC Standing Committee deliberate a law. Only by doing this can the public really understand whether their suggestions have been given attention. If they see this is the case, they will continue to put forward suggestions to the legislature.

(Beijing Review March 7, 2008)